Advantage W.P.B. v. W.P.B.C.R.

Full title: ADVANTAGE WEST PALM BEACH, INC., BERT MOERINGS, and MARSHA MOERINGS…

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 16, 1998

No. 97-3525 (Fla. Dist. Ct. App. Dec. 16, 1998)

Opinion

No. 97-3525.

Opinion filed December 16, 1998.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward Fine, Judge; L.T. No. CL 96-5381 AI.

Alan T. Dimond, Elliot H. Scherker, and Charles S. Kyriazos of Greenberg Traurig, P.A., Miami, for appellants.

William P. Doney of Vance Doney, P.A., West Palm Beach, and Arnold M. Weiner of Law Offices of Arnold M. Weiner, Miami, for appellee.

ON MOTION FOR REHEARING AND/OR EN BANC REHEARING AND FOR CERTIFICATION

PER CURIAM.

Appellants' motions for rehearing, rehearing en banc, and for certification are denied. Appellants misread the panel opinion when they assert that the decision "plainly states that the existence of an enactment controlling the transfers of development rights (TDRs) is a prerequisite to a compensable taking of so-called "floating" development rights." As appellee correctly points out, the panel opinion is "predicated entirely on the specific language of the subject DRI Development Order."

POLEN, GROSS and TAYLOR, JJ., concur.